Karnataka High Court
Smt Pushpa vs Sri Muniraj K on 21 October, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:42910
MFA No. 4424 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
MISCELLANEOUS FIRST APPEAL NO.4424 OF 2019(MV-I)
BETWEEN:
SMT. PUSHPA,
W/O SURESH,
NOW AGED ABOUT 29 YEARS,
RESIDING BONAGERE VILLAGE,
BOMMANAYAKANAHALLI POST,
BINDIGANVILE HOBLI,
NAGAMANGALA TALUK,
MANDYA DISTRICT.
...APPELLANT
(BY SRI. GOPAL KRISHNA N., ADVOCATE)
AND:
1. SRI. MUNIRAJ K,
Digitally S/O KRISHNAPPA,
signed by
KIRAN MAJOR IN AGE,
KUMAR R RESIDING AT METAKAL
Location:
HIGH PALYA VILLAGE,
COURT OF KENGERI HOBLI, NEAR BUS STOP,
KARNATAKA
BSK 6TH PHASE, 6TH BLOCK,
BENGALURU - 560 060.
2. THE BRANCH MANAGER,
TATA AIG GENERAL INSURANCE
COMPANY LTD.,
2ND FLOOR, AP & BEVI JAMBU
KESHAVA ARCADE, NO.69,
-2-
NC: 2024:KHC:42910
MFA No. 4424 of 2019
MILLERS ROAD,
BANGALORE - 560 052.
REP:BY ITS MANAGER.
...RESPONDENTS
(BY SRI.B.PRADEEP, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH VIDE ORDER
DATED 05.09.2024)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.11.2018 PASSED IN MVC
NO.75/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT, NAGAMANGALA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL JUDGMENT
1. The claimant is in appeal being dissatisfied with the
compensation of Rs.3,65,556/- awarded by the Tribunal.
The claimant is also aggrieved by the reduction of 50% of
the compensation awarded by the Tribunal.
2. The Tribunal has come to the conclusion that the
rider of the motorcycle with which the car collided in which
the claimant was traveling ought to have been impleaded
as a respondent as he had also contributed to the
accident.
NC: 2024:KHC:42910
3. It is settled law that the claimant is entitled to
choose the offender against whom he/she intends to
proceed against. The finding of the Tribunal therefore, that
compensation has to be deducted to the extent of 50%
cannot be sustained, as the rider of the motorcycle was
not necessary to be impleaded and the same is set aside.
4. Insofar as the amount of compensation awarded, it is
noticed that the Tribunal has determined the notional
income at Rs.8,000/-. In my view, since there is no
evidence to ascertain the actual income, notional income
of Rs.8,500/- has to be applied as per the determination
made by the Karnataka State Legal Services Authority for
accidents of the year 2012.
5. The Tribunal assessed the whole body disability at
14%. Having regard to the evidence of the doctor, in my
view, this assessment of disability at 14% cannot be found
fault with.
NC: 2024:KHC:42910
6. As the claimant was aged 25 years, a multiplier of
'18' will have to be applied. Consequently, the claimant
would be entitled to a sum of Rs.2,57,040/-
(Rs.8,500X18X12X14%) towards 'loss of future
income'.
7. The Tribunal has awarded a sum of Rs.88,636/-
towards 'medical bills' and Rs.15,000/- towards 'future
medical expenses'. In my opinion, since they are based
on the documentary evidence and the evidence of the
doctor, the said sums are appropriate.
8. The Tribunal has awarded Rs.25,000/- towards
'conveyance, food and attendant charges'. In my view, it
is just and proper and do not call for any interference by
this Court.
9. The Tribunal has awarded Rs.20,000/- towards 'pain
and sufferings' but has not awarded any sums towards
'loss of amenities'.
NC: 2024:KHC:42910
10. Having regard to the hospitalization and the actual
disability suffered by the claimant, it would be appropriate
to award Rs.50,000/- towards 'pain and sufferings'
and Rs.50,000/- towards 'loss of amenities'.
11. Consequently, the award of the Tribunal is modified
and the claimant would be entitled to the following
compensation:
As As
awarded awarded
Sl. Compensation under
by the by this
No. different Heads
Tribunal Court
(Rs.) (Rs.)
1. Loss of future income 2,41,920 2,57,040
2. Medical bills 88,636 88,636
3. Pain and sufferings 20,000 50,000
Future medical 15,000 15,000
4.
expenses
5. Loss of amenities - 50,000
Conveyance, food, 25,000 25,000
6. nourishment and
attendant charges
Total 3,65,556 4,85,676
NC: 2024:KHC:42910
12. Thus, the claimant is held entitled to the total
compensation of Rs.4,85,676/- as against
Rs.3,65,556/-, along with interest at the rate of 6% per
annum from the date of petition till its realization.
13. The Insurance Company is directed to deposit the
amount of compensation awarded within two months from
the date of receipt of a certified copy of this judgment.
14. The disbursement of the compensation amount shall
be in terms of the award of the Tribunal.
15. This appeal is accordingly allowed in part.
Sd/-
(N S SANJAY GOWDA)
JUDGE
PN
